Page:พรบ แก้ไขเพิ่มเติม ปอ (๑๙) ๒๕๕๐.pdf/2

 "Whoever forcibly commits intercourse with another person by threatening in any manner, by exercising forcible violence, whilst the latter is being in a state of irresistibility, or by making the latter mistake him for a different person, shall be punished with imprisonment from four years to twenty years and a fine from eight thousand baht to forty thousand baht.

The intercourse under paragraph 1 refers to the doing [of any act] for satisfying the desire of the doer, in which the sex organ of the doer is used against the sex organ, anus, or oral cavity of another or any other thing is used against the sex organ or anus of another.

If the offence under paragraph 1 is committed whilst having or by using a firearm or explosive, or through a joint action characteristic of gang rape against a woman or action of identical characteristics against a man, it shall be punished with imprisonment from fifteen years to twenty years and a fine from thirty thousand baht to forty thousand baht, or life imprisonment.

If the offence under paragraph 1 is committed between spouses and those spouses still wish to live and cohabit together as husband and wife, the court may impose a punishment lighter in any degree than that designated by the law or may designate conditions for supervision of behaviour instead of imposing a punishment. In the event that the court gives a judgment imposing imprisonment and either spouse does not wish to live and cohabit with the other as husband and wife any longer and wishes for divorce, that spouse shall notify the court and the court shall notify a public prosecutor to institute a divorce action.

Whoever commits intercourse with a child aged still not over fifteen years who is not his own wife or her own husband, whether with or without the consent of that child, shall be punished with imprisonment from four years to twenty years and a fine from eight thousand baht to forty thousand baht.

The intercourse under paragraph 1 refers to the doing [of any act] for satisfying the desire of the doer, in which the sex organ of the doer is used against the sex organ, anus, or oral cavity of another or any other thing is used against the sex organ or anus of another.

If the offence under paragraph 1 is committed against a child aged still not over thirteen years, it shall be punished with imprisonment from seven years to twenty years and a fine from fourteen thousand baht to forty thousand baht, or life imprisonment.

If the offence under paragraph 1 or paragraph 3 is committed through a joint action characteristic of gang rape against a girl or action of identical characteristics against a boy and without the consent of the girl or boy, or is committed whilst having a firearm or explosive or by using a weapon, it shall be punished with life imprisonment.